CRL.M.C./4861/2022 of RITU SIDHU & ORS. Vs STATE OF NCT OF DELHI & ANR.

* IN THE HIGH COURT OF DELHI AT NEW DELHI+ CRL.M.C. 4861/2022 & CRL.M.A. 19498/2022 RITU SIDHU & ORS.

..... Petitioners Through: Mr.David. and Mr.Raj Singh, Advs.

versus

STATE OF NCT OF DELHI & ANR.

..... Respondents Through: Ms.Priyanka Dalal, APP with SI Shalu Respondent no.2 in person.

CORAM:HON'BLE MR. JUSTICE NAVIN CHAWLAO R R21.05.2024

1.This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (in short, ‘Cr.P.C.’) seeking quashing of FIR No.0624/2014 registered at Police Station: Ghazipur, East-District, Delhi under Sections 420/406/468/471/34 of the Indian Penal Code, 1860 (in short, ‘IPC’) along with all other proceedings emanating therefrom on the basis of the settlement.

2.The learned counsel for the petitioners submits that the disputes between the parties arose out of commercial transaction of Agreement to Sell and Purchase which led to the registration of the abovementioned FIR.

3.He submits that the parties have amicably settled their inter sedisputes and have executed settlement vide Settlement Deed dated

10.10.2023.

4.The respondent no.2, who is present in Court in person and has been duly identified by the Investigating Officer (IO), does not oppose the present petition and reaffirms that the disputes have been amicably settled out of her own free will and without any coercion, and submits that she has no objection if the present FIR is quashed.

5.I have perused the contents of the FIR, Charge Sheet and also the settlement between the parties.

6.Keeping in view the fact that the disputes have been amicably settled between the petitioners and the respondent no.2 and the respondent no.2 does not wish to pursue her complaint any further, I find that no useful purpose will be served in continuing with the proceedings of the above FIR; it would rather create further acrimony between the parties and would be an unnecessary burden on the State Exchequer.

7.Guided by the principles enunciated by the Supreme Court in its judgments in Gian Singh v. State of Punjab, (2012) 10 SCC 303; Parbatbhai Aahir @ Parbatbhai Bhimsinbhai Karmur & Ors. v. State of Gujarat & Ors. (2017) 9 SCC 641; and, State of Haryana & Ors. v. Bhajan Lal & Ors. 1992 Supp (1) SCC 335, this Court deems it appropriate, in the interest of justice, to exercise its inherent powers under Section 482 of the Cr.P.C. to quash the FIR and all the proceedings emanating therefrom.

8.Accordingly, the petition is allowed. Consequently, FIR No.0624/2014 registered at Police Station: Ghazipur, East-District, Delhi under Sections 420/406/468/471/34 of the IPC and all consequential

proceedings emanating therefrom against the petitioners are quashed, subject to condition that the petitioners shall deposit costs of Rs.50,000/-, jointly or severally with the “NDBA Members Welfare Fund” [Account No.18580110013847], within period of four weeks from today, and file proof of such deposit with the Registry of this Court and also supply copy thereof to the IO, within the said period.

MAY 21, 2024/ns/ss

NAVIN CHAWLA, J

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